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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
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Egg / Lowell - *** Lowell Bite The Dust Again - Debt Is Statute Barred - SUCCESS ***


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Ok, found Lowells entries, they state the following information - Credit Card from Lowell Portfolio 1 Ltd (I) default date jan 2008 - last update 2009 - I have a letter from Lowell stating that they purchased the account on a specific date late 2009 - I have never had a credit agreement nor applied for a credit card with Lowell, the information on file is incorrect and I have the letters from the original creditor who I was in dispute with from 2007 till 2009 - any ideas what I should do ?

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No YOKER, the credit card account has been bought by Lowell with all the rights, benefits and obligations of the original creditors agreement.

In short Lowell are now the owners and have updated the file with their details.

So there is nothing to do.

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So I can still take the same stance as before that the original credit card company should not have sold the debt while it was in dispute, is that correct, the fact that Lowell have stated that they have purchased it earlier than documented doesn't matter? surely this help even more.

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As was stated very early in this thread there I really no point in contesting the sale of a disputed debt as all the creditor has to state is in their opinion the is no longer any dispute. e.g. Their FINAL RESPONSE.

The dates are just confused I think, and if the default date is right that's what matters.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Brig, please can you confirm the following :http://www.consumeractiongroup.co.uk/forum/showthread.php?387713-Statute-Barred

 

Below is my payment history ( all this crap due to payment protection )

 

2013-09-03%2019.05.05.jpg

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Ok so if you are sure that there have been no payments made in a clear six year period and no acknowledgement of the debt in writing for the same period, send them the Statute Barred letter from the CAG library here

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

By doing that you put the onus squarely back with them to prove that it is not SB.

 

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Thats great, I can confirm that I haven't made or offered any payments since August 2007 and any letters responded to were only ever asking them to prove the alleged debt, all correspondence from myself were never signed and without 'PREJUDICE' was always added for good measure.

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  • 1 month later...

Hi Guys,

 

Before I send out my Stat Barred letter, please can someone confirm that it is ok to do so, on time elapsed since last payment and payment received by original creditor, I have not acknowledged the debt in writing nor paid anything since september 2007, lowell are sending discount letters by the bucket full.

 

Regards

 

Yoker

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I attached my credit history report, which showed last payment in sept 2007 and default jan 2008

 

Yes I know you did.....post #38 applies.

 

Last payment in Sept 2007 and no written acknowledgement in a clear six year period = send SB Letter.

 

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Statute Barred = 6 clear years without any payment or written acknowledgment to ANY party by you or anyone acting for you.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 8 months later...

UPDATE

 

Today Lowell finally gave up on me, two accounts completely cleared with them, :-D

 

Nice letter say account is zero and closed due to statute barred.

 

Thank you to everyone who gave me the information to get them off my back.

 

Donation made to CAG

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UPDATE

 

Today Lowell finally gave up on me, two accounts completely cleared with them, :-D

 

Nice letter say account is zero and closed due to statute barred.

 

Thank you to everyone who gave me the information to get them off my back.

 

Donation made to CAG

 

 

Well done, don't you just love to see Lowell lose out!!!?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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This has probably been the biggest weight lifted from my shoulders for some years, if they didn't act like bullies they would get more respect from people, I don't like the way they insinuate that you are a payment dodger, my issue came about because Egg PLC wouldn't honour payment protection after a serious knee injury which had me laid up for 12 months, any way here's to CAG and all those who help out :-D

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Excellent stuff :)

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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